- Table of Contents:
- Government Challenges Marital Rape Petitions
- Marital Rape still legal in many Nations
- International Pressure for change
- Concerns over impact on Marriage Institution
Government Challenges Marital Rape Petitions:
The Indian government has challenged petitions in the top court that seek Criminalisation of
marital rape, claiming it would be “excessively harsh”.
There were enough regulations to protect married women from sexual abuse, the federal home
ministry told the Supreme Court, but “a man does not have a fundamental right” to force sex on
his wife.
A statute from the British era that states a man cannot be charged for rape committed during a
marriage is being challenged in the top court. India has a high rate of marital violence; a recent
government poll found that 25% of women had experienced sexual abuse from their husbands.
Marital Rape still legal in many Nations:
More than 100 nations have made marital rape illegal, including the United Kingdom, which
made it a crime in 1991. However, India is still one of the thirty-six nations—along with Pakistan,
Afghanistan, and Saudi Arabia—where the legislation is still in effect.
Section 375 of the Indian Penal Code, which has been in force since 1860, has been the target of
several petitions filed in recent years.
“By a man with his own wife” if she is not a minor is one of the “exemptions” listed in the law, which designates circumstances in which having intercourse is not considered rape.
Protesters argue that forced intercourse is rape, regardless of the perpetrator, and that such an
argument is unworkable in the present world.
International Pressure for change:
Concerns regarding India’s failure to make marital rape a crime have also been voiced by Human
Rights Watch, the United Nations, and Amnesty International.
However, the Indian government, religious organizations, and proponents of men’s rights have
fought any attempts to change the legislation, arguing that a woman cannot subsequently
revoke her consent for sex since it is “implied” in marriage.
The courts have rendered inconsistent rulings, enabling a husband to be charged for rape in
certain cases but rejecting the petition in others. After the Delhi High Court issued a divided
decision in 2022, the matter made its way to the Supreme Court.
The highest court’s proceedings started in August.
The state’s response in its 49-page affidavit, which was filed with the Supreme Court on Thursday, is not surprising in a nation where weddings are revered and steeped in patriarchal customs.
Definition of Marriage :
- According to the research, marriage is a “different class” of relationship with its own “entire ecosystem” of rights, obligations, and regulations.
Concerns over impact on Marriage Institution:
Prohibiting marital rape might have a significant negative effect on the marriage institution and
cause significant disruptions to the conjugal connection, according to the statement.
The affidavit noted that in a marriage, there was a “continuing expectation to have reasonable
sexual access from one’s spouse” and while this did not entitle a husband to coerce his wife into
having sex, including marital rape under anti-rape laws would be “excessively harsh” and
“disproportionate”.
Read more : https://www.inpactimes.com/shocking-facts-indonesian-pleasure-marriages/
It further said that married women’s rights were safeguarded by extant legislation that
addressed sexual assault, harassment, and domestic abuse.
The home ministry added that as marriage was a social institution and the petitions’ issues were
more social than legal, the parliament should be the one to make any legislation.
